New Zealand Case Law: Decisions & Judgments

Topic

Variation of remediation scheme

Legal area

Court

16 Feb 2018

MANCHESTER SECURITIES LTD v BODY CORPORATE 172108 [2018] NZHC 169

Citation

[2018] NZHC 169
Court

High Court

Arbitration clause did not permit collateral challenge to enforceable High Court judgments; applicant failed to demonstrate a seriously arguable set-off under clause 21.2 sufficient to defeat the first statutory demand, but did establish a viable set-off in respect of the pooled costs order (Heath J) plus interest that exceeded the second statutory demand, so the second demand was set aside.
17 Nov 2017

MANCHESTER SECURITIES LTD v BODY CORPORATE 172108 [2017] NZCA 527

Citation

(2017) 19NZCPR 65
Court

Court of Appeal

The Court held the unprecedented magnitude of the cost increases (and Manchester's dilatory conduct) fundamentally undermined the logic and fairness of the original capped scheme; accordingly variation under s 48(6) to reinstate the default statutory cost allocation was justified, arbitration was not an adequate remedy to address the systemic unfairness, and an interim payment to the Body Corporate pending completion was properly ordered.
9 Jun 2017

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2017] NZHC 1252

Citation

[2017] NZHC 1252
Court

High Court

The Court had jurisdiction under ss 48(6) and 48(7) Unit Titles Act 1972 to vary Heath J's 2011 costs direction; the variation is effective from 18 March 2013 so that applications of paragraph [17] of the 2011 judgment after that date are set aside; otherwise costs follow the event under the High Court Rules and specific bandings were fixed (original application reduced to 2B, list of documents on discovery 2C, preparation of written submissions and authorities 2C, most other items 2B), expert witness fees and disbursements were recoverable as reasonably necessary, Manchester awarded a 0.2 da…

New Zealand Case Law

MANCHESTER SECURITIES LTD v BODY CORPORATE 172108 [2018] NZHC 169

MANCHESTER SECURITIES LTD v BODY CORPORATE 172108 [2017] NZCA 527

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2017] NZHC 1252